Ordinance 2000-3233 ORDINANCE NO.2000-323 3
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS", SECTION 142-
246, ENTITLED "DEVELOPMENT REGULATIONS AND AREA
REQUIREMENTS", AND SECTION 142-1161, ENTITLED "HEIGHT
REGULATION EXCEPTIONS" BY CLARIFYING THE DEFINITION OF
GROUND FLOOR AND ROOFTOP ADDITIONS; PROVIDING FOR
INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Code of the City of Miami Beach specifies certain maximum building
height restrictions for ground floor additions and rooftop additions ; and
WHEREAS, the City of Miami Beach deems it advisable to clarify that these regulations
apply to ground floor and rooftop additions whether attached to the main building or detached from
the main building;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 142-246, entitled "Development Regulations and Area Requirements"
of Chapter 142, entitled"Zoning Districts and Regulations", of the Code of the City of Miami Beach,
Florida is hereby amended to read as follows:
Subdivision V. RM-3 Residential Multifamily, High Intensity
Sec. 142-246. Development regulations and area requirements.
* * *
(b) The lot area, lot width, unit size and building height requirements for the RM-3 residential
multifamily, high intensity district are as follows:
Minimum Minimum Minimum Average Maximum Maximum
Lot Lot Unit Unit Building Number
Area Width Size Size Height of Stories
(Square Feet) (Feet) (Square Feet) (Square Feet) (Feet)
7,000 50 New New 150 16
construction- construction-
-550 -800 Oceanfront Oceanfront
Rehabilitated Rehabilitated lots--200 lots--22
buildings--40 buildings--55 Architectural Architectural
0 0 dist.: New dist: New
Hotel unit: Hotel construction- construction-
15%: units--N/A -120; ground -13; ground
300--335 floor floor
85%: 335+ additions additions
(whether (whether
attached or attached or
detached) to detached) to
existing existing
structures on structures on
oceanfront oceanfront
lots--50 lots--5
(except as (except as
provided in provided in
section section
142-1161) 142-1161)
SECTION 2. That Section 142-1161, entitled "Height Regulation Exeptions" of Chapter 142,
entitled "Zoning Districts and Regulations", of the Code of the City of Miami Beach, Florida is
hereby amended to read as follows:
Chapter 142 ZONING DISTRICTS AND REGULATIONS
DIVISION 5. HEIGHT REGULATIONS
2
Sec. 142-1161. Height regulation exceptions.
(d) Rooftop additions.
* * *
(2) Additional Regulations. Existing structures within an historic district shall only be
permitted to have habitable one-story rooftop additions (whether attached or
detached), with a maximum floor to ceiling height of 12 feet. No variance from this
provision shall be granted. The additions shall not be visible when viewed at eye
level (5'-6" from Grade) from the opposite side of the adjacent right-of-way; for
corner properties, said additions shall also not be visible when viewed at eye level
from the diagonal corner at the opposite side of the right-of-way and from the
opposite side of the side street right-of-way. Notwithstanding the foregoing, the
line-of-sight requirement may be modified as deemed appropriate by the joint design
review/historic preservation board based upon the following criteria: (i)the addition
enhances the architectural contextual balance of the surrounding area, (ii) the
addition is appropriate to the scale and architecture of the existing building, (iii)the
addition maintains the architectural character of the existing building in an
appropriate manner, (iv) the addition minimizes the impact of existing mechanical
equipment or other rooftop elements. The placement and manner of attachment of
additions (including those which are adjacent to existing structures) are subject to
joint design review/historic preservation board approval.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 4. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH, FLORIDA
It is the intention of the City Commission,and it is hereby ordained that the provisions of this
ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that
the sections of this ordinance may be renumbered or relettered to accomplish such intention;and that
the word "ordinance" may be changed to "section" or other appropriate word.
3
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,the remainder
shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on the 23rd slay of February , 2000.
PASSED and ADOPTED this 4th day of March , 2000.
ATTEST: MAYOR
CITY CLERK
1st readomg 1/26/00
2nd reading 2/23/00
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City At ornife / Date
RGL/rgl
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4
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
http:\\ci.m iam i-beach.fl.us
COMMISSION MEMORANDUM NO. i -00
•
TO: Mayor Neisen O. Kasdin and DATE: February 23,2000
Members of the City Commission
FROM Lawrence A. Levy .1,
City Manager Second Reading- Public Hearing
SUBJECT: Ordinance- Clarifying Ground Floor and Rooftop Additions
An Ordinance of the Mayor and City Commission of the City of Miami Beach,
Florida Amending the Code of the City of Miami Beach, Florida,Amending
Chapter 142, Entitled "Zoning Districts and Regulations", Section 142-246,
Entitled"Development Regulations and Area Requirements",and Section 142-
1161, Entitled "Height Regulation Exceptions" by Clarifying the Definition
of Ground Floor and Rooftop Additions; Providing for Inclusion in the Code
of the City of Miami Beach,Florida; Repealer; Severability; and an Effective
Date.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission, upon second reading public hearing,
adopt the proposed amending Ordinance:
ANALYSIS
An amendment to the Land Development Regulations (LDR's) of the City Code to clarify the
definition of ground floor and rooftop additions was requested by the members of the Planning
Board at their October 26, 1999 regular meeting.
As part of the comprehensive review of the zoning ordinance which was completed last year, the
regulations regarding maximum allowable building heights were amended to address ground floor
additions to buildings located in the RM-3 Residential Multi-family High Intensity zoning district
within the Architectural District. Additionally, the zoning changes limited any rooftop additions
within the City's historic districts to no more than one story.
Recently, however, both of these provisions have been questioned by developers active in the
City's Architectural District. In the case of the building height limitation on ground floor
additions,the developer in question has argued that because his addition is not attached to the main
building, but separated, it should not be considered a ground floor addition. In the case of the
prohibition on rooftop additions of more than one story, a developer is arguing that because the
addition is separated from the roof of the existing building by a small airspace, that the proposed
AGENDA ITEM R 5
Pk
DATE 2-23-DO
Commission Memorandum
February 23, 2000
Ordinance- Clarifying Ground Floor and Rooftop Additions
Page 2
ANALYSIS (Continued)
To clarify these issues, an ordinance has been drafted by Planning Department staff at the request
of the Planning Board. The proposed ordinance would simply add the words "whether attached
or detached"to two sections of the Land Development Regulations dealing with maximum building
height. Currently, for the RM-3 zoning district, Section 142-246 limits the maximum number of
stories for ground floor additions to existing structures on oceanfront lots within the Architectural
District to 50 feet and 5 stories. By clarifying that the regulation applies to"ground floor additions
(whether attached or detached)to existing structures",the ordinance will be clearly understood to
be addressing all proposed additions to these historic properties. This provision had always been
understood to be referring to additions to properties which have been historically configured to
contain a main building, whether or not the proposed addition was actually attached to the main
building or not. Otherwise, additions could be made to these historic properties which disregarded
the scale and character of the original historical configuration.
Regarding the limitation on rooftop additions,it was clear throughout the process of amending the
zoning ordinance that the intent of this new regulation was to protect the integrity of the historic
buildings, sight lines and view corridors of the City's historic districts. Clearly, allowing a
structure of more than one story to be constructed over an existing building, simply because the
new structure is separated by an airspace, is completely contrary to the Planning Board and the City
Commission's intent when the legislation was approved. Clarifying that existing structures within
historic districts shall only be permitted to have one-story rooftop additions (whether attached or
detached),will be clearly understood to refer to all such structures. This will insure the protection
of the historic character of the districts' buildings, sight lines and view corridors.
At its December 20, 1999 meeting, the Planning Board voted to recommend approval of the
proposed amending ordinance. On January 26, 2000, the Commission approved the proposed
amending ordinance on first reading. At its February 8, 2000 meeting, the Historic Preservation
Board also reviewed the proposed ordinance and passed a resolution recommending approval. (See
attached).
Based on the foregoing analysis,the Administration recommends that the Commission adopt,upon
second reading public hearing, the proposed amending ordinance to Sections 142-246 and 142-
1161 of the Land Development Regulations of the Code of the City of Miami Beach, Florida, as
it would clarify that the regulations regarding ground floor additions and rooftop additions apply
to any addition, whether attached or detached.
LAL\JAG\JG1\RggGL\r l
Attachment
T:\AGENDA\2000\FEB2300\REGULAR\1434CMM.WPD
CITY OF MIAMI BEACH
NOTICE OF A PUBLIC HEARING
NOTICE IS HEREBY given that a public hearing will be held by the Mayor and
City Commission of the City of Miami Beach, Florida, in the Commission
Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach,
Florida, on Wednesday, February 23, 2000, at 2 :30 p.m. , to consider the '
' adoption of the following ordinance :
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS" , SECTION
142-246, ENTITLED "DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS" , AND
SECTION 142-1161, ENTITLED "HEIGHT REGULATION EXCEPTIONS" BY CLARIFYING
THE DEFINITION OF GROUND FLOOR AND ROOFTOP ADDITIONS; PROVIDING FOR
INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
Inquiries may be directed to the the Planning Department at (305)
673-7550 .
ALL INTERESTED PARTIES are invited to appear at this meeting, or be
represented by an agent, or to express their views in writing addressed to
the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st
Floor, City Hall, Miami Beach, Florida 33139 . Copies of this ordinance
are available for public inspection during normal business hours in the
City Clerk' s Office, 1700 Convention Center Drive, 1st Floor, City Hall,
Miami Beach, Florida 33139 . This meeting may be continued and under such
circumstances additional legal notice would not be provided.
Robert E . Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286 . 0105, Fla . Stat . , the City hereby advises the
public that : if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at its meeting or its
hearing, such person must ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by the
City for the introduction or admission of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons
needing special accommodation to participate in this proceeding should
contact the City Clerk' s office. Telephone (305) 673-7411 for assistance;
if hearing impaired, telephone the Florida Relay Service numbers, (800)
955-8771 (TDD) or (800) 955-8770 (VOICE) , for assistance .
CITY OF MIAMI BEACH
DESIGN REVIEW/HISTORIC PRESERVATION BOARD
RESOLUTION
Re: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 142, ENTITLED "ZONING
DISTRICTS AND REGULATIONS", SECTION 142-246, ENTITLED
"DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS", AND
SECTION 142-1161, ENTITLED "HEIGHT REGULATION EXCEPTIONS" BY
CLARIFYING THE DEFINITION OF GROUND FLOOR AND ROOFTOP
ADDITIONS
WHEREAS, the City of Miami Beach Design Review/Historic Preservation Board is
charged by ordinance as serving in an advisory capacity to the City Commission and other City
boards on issues affecting the City's historic districts; and
WHEREAS, the proposed changes to the Land Development Regulations of the Miami
Beach Code by clarifying the definition of ground floor and rooftop additions will have a positive
impact on the Miami Beach's historic districts and sites as well as upon the composition and duties
of the Board; and
WHEREAS, the Code of the City of Miami Beach specifies certain maximum building
height restrictions for ground floor additions and rooftop additions ; and
WHEREAS, the City of Miami Beach deems it advisable to clarify that these regulations
apply to ground floor and rooftop additions whether attached to the main building or detached from
the main building;
THEREFORE, it is hereby resolved that the Design Review/Historic Preservation Board
unanimously endorses the proposed modifications to Section 142-246, entitled "Development
Regulations and Area Requirements", and Section 142-1161, entitled "Height Regulation
Exceptions" of the Miami Beach Code be adopted by the City Commission.
PASSED AND ADOPTED THIS 8th DAY OF FEBRUARY, 2000. X14
Chair
Design Review/Histor. /Preservation Board
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